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Proponents of Proposition 112 hope new Democratic leadership could open the door for increased oil-and-gas regulation

By John Spina

Staff Writer

Posted:
11/07/2018 06:50:48 PM MST

Updated:
11/08/2018 08:12:35 AM MST

An employee on Wednesday sprays a tank at a well site off Weld County Road 5 in Mead. Proponents of Proposition 112, a ballot initiative calling for greater setbacks for fracking sites that voters denied Tuesday, hope that the new Democratic majority in the Colorado Legislature, as well as the new Democratic governor and attorney general, mean reform of that industry still is possible. (Lewis Geyer / Staff Photographer)

Despite the fact Proposition 112, which would have increased setbacks for new oil-and-gas operations from 500 to 2,500 feet throughout the state, lost by 260,000 votes Tuesday night, proponents of the initiative remain optimistic for future regulatory reform with a newly elected Democratic majority in the State Legislature as well as a Democratic attorney general and governor.

"This opens up a window of opportunity," Rep. Jonathan Singer, D-Longmont, said . "In 2013, when we last held the House, the Senate and the governorship as Democrats, we were able to double the number of oil and gas inspectors, pass a bill that required inspectors to do a more thorough job and bring some of our fines into the 21st century."

The key reform proponents of 112 hope to pass under the new leadership is the need to increase local control for where, when, and under what conditions oil and gas developments are allowed to operate within a community.

This could include increasing setbacks, incentivizing renewable energy, enacting zoning regulations to create no drilling areas or creating ordinances to tax noise and odor pollution.

Even if the state legislature isn't willing to allow for more local control, communities around the state hope having a more sympathetic attorney general in Phil Weiser will eliminate the threat of their city being sued for trying to increase oil and gas regulations.

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"I think we have a Democratic attorney general that won't sue communities like Thornton, which tried to put in 750-foot setbacks," Broomfield City Councilwoman, Guyleen Castriotta , said. "I'm going to bring noise and odor ordinances before the council this year to try and mitigate the damage that we're already being subjected to."

At the state level, those who supported 112 have also called for comprehensive reform of the Colorado Oil and Gas Conservation Commission, often referred to as the COGCC.

"First of all they should start denying permits every once in a while because they never have," Rep. Mike Foote, D-Lafayette, said. "Their mission statement right now is to promote and regulate the industry. You could change that to just 'regulate.' The industry can promote itself just fine and the bottom line should be health and safety. Fracking in neighborhoods is not consistent with that."

With five of the seven commissioners terming out in July, the reformers will lobby Governor-elect Jared Polis to select more conservation-minded members.

"I'm a pharmacist by training and I look at it like when a new drug comes to market, the first thing it has to do is prove safety. Oil and Gas seem to be the only industry where they don't have to prove safety first," said Sonya Jaquez Lewis, who won the race to replace Foote in the Colorado House District 12 seat on Tuesday night. "As a new representative-elect, I believe the state should lead in making sure that we have transparent and responsible accountable industries that live by a set of rules that prioritize people over new drilling permits."

After all, the reformers note that 874,000 people voted in favor of Proposition 112 despite an unprecedented $40 million dollar campaign opposing it. Another 1 million voted against Amendment 74 , which would have required landowners be compensated for any reduction in property value caused by state laws or regulations, like Proposistion 112.

To those who supported Proposistion 112, many of whom were elected into the legislature on Tuesday, those results Tuesday sent a clear message from the electorate.

"As the representative from Longmont, without that strong grassroots support for the fracking ban I would be in a very different place politically," Singer said. "There's a saying at the capitol. If you don't represent your district, someone else will."

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